6.  The first applicant is the mother of Mr Isa Aytamirov, born in 1983. The second applicant is her sister and Isa Aytamirov's aunt. The applicants were born in 1955 and 1960 respectively. The first applicant lives in the town of Argun and the second applicant lives in the village of Novy Tsentoroy, in the Chechen Republic.
7.  At the material time the first applicant lived with Isa Aytamirov in the town of Argun, in the Grozny district of Chechnya. The second applicant lived at 36 Gagarina Street, in the village of Novy Tsentoroy, in the Grozny district of Chechnya. Isa Aytamirov frequently stayed at his aunt's place in the village.
8.  On the night of 19 February 2003 the second applicant, Isa Aytamirov and other relatives were sleeping in the house in Novy Tsentoroy. There was a power cut in the village that night. As a result of previous bombardments the windows of the second applicant's house were covered with sheets of plastic instead of glass.
9.  At about 4 a.m. a group of about thirty Russian servicemen arrived at the second applicant's gate on three armoured personnel carriers (APCs). They climbed over the fence, took the entrance door off its hinges and broke into the house. The intruders were wearing masks and military uniforms; they spoke Russian and Chechen. Using their flashlights, they dispersed into different rooms, pointed their guns at the second applicant and her relatives and ordered them not to move. Then the intruders went into the room where Isa Aytamirov was. They woke him up, pointed their guns at him and took him outside. Isa Aytamirov, barefoot and in his underwear, was taken to a shed in the yard and placed with his hands up against the wall. Meanwhile, Ms M. Dzh., another aunt of Isa Aytamirov, tried to call for help from a window. One of the servicemen ordered her in Chechen to stay quiet.
10.  The second applicant and her relatives asked the servicemen to let them go outside. Permission was given only to the second applicant. When she went into the yard, she saw her nephew standing with his hands up against the wall. The second applicant asked the servicemen if she could give them her nephew's passport so they could give it to him. When she had brought it to them they forced her back into the house. Then the second applicant saw the servicemen put Isa Aytamirov into one of the APCs. She tried to follow her nephew and tried to climb on to the APC, but one of the servicemen hit her with a rifle butt and she fell on the ground and lost consciousness. The APCs drove away with Isa Aytamirov in an unknown direction. After that the applicants' relatives went outside and found the second applicant on the ground, unconscious and bleeding.
11.  According to the second applicant, the following day she sought medical help at the military hospital in Grozny, where she underwent an X‑Ray of both legs. Subsequently, the second applicant was examined in the Argun town hospital, where her legs were bandaged and then plastered.
12.  The description of the events of the night of 19 February 2003 is based on the accounts given to the applicants' representatives by the following witnesses: an account by Ms M. Dzh. given on 23 September 2005; two accounts by the second applicant given on 1 December 2004 and 23 September 2005; an account by Ms T. Dzh. given on 23 September 2005; a joint account by Ms M. and Ms G. given on an unspecified date; a joined account by Ms A.I. and Ms M.K. given on 25 February 2006; and also on two hand-drawn maps of the premises in the Novy Tsentoroy village.
13.  The applicants have had no news of Isa Aytamirov since 19 February 2003.
14.  The Government did not challenge most of the facts as presented by the applicants. They submitted that on 19 February 2003 unidentified armed persons entered the house in Novy Tsentoroy, kidnapped Isa Aytamirov and took him away to an unknown destination. The same persons had caused injuries to the second applicant.
15.  Immediately after the abduction of Isa Aytamirov his relatives reported the incident to the authorities.
16.  On 3 March 2003 the first applicant complained about the abduction of her son to the head of the Argun town administration and asked for assistance in establishing Isa Aytamirov's whereabouts.
17.  On 12 March 2003 the first applicant complained about Isa Aytamirov's abduction to the head of the Argun Department of the Interior (the Argun OVD). In her letter she stated that her son had been abducted by a group of armed masked men in military uniforms and requested assistance in the search for him.
18.  On 24 March 2003 the first and second applicants complained to the head of the administration of the Chechen Republic and the Envoy of the President of the Russian Federation for Ensuring Human Rights and Freedoms in the Chechen Republic (the Envoy) that at about 4 a.m. on 19 February 2003 a group of servicemen in camouflage uniforms, who had arrived on three APCs, had abducted Isa Aytamirov from their house in Novy Tsentoroy.
19.  By a letter of the same date the Envoy forwarded the applicants' complaint about the abduction of Isa Aytamirov to the military prosecutor of the Chechen Republic.
20.  On 21 April 2003 the second applicant wrote to the Grozny district prosecutor's office. She complained that her nephew had been abducted by a group of about thirty Russian military servicemen who were speaking Russian and Chechen and had arrived on three APCs. She also stated that the servicemen had refused to give a reason for Isa Aytamirov's abduction, that they had behaved rudely and had beaten her and that she had lost consciousness as a result of the beating. The applicant pointed out that her numerous complaints about the events to various law-enforcement agencies had not produced any results and requested the authorities to institute an investigation into the abduction of Isa Aytamirov.
21.  On 30 May 2003 the military prosecutor's office of the United Group Alignment (the UGA military prosecutor's office) forwarded the first applicant's complaint about her son's abduction to the military prosecutor's office of military unit no. 20102 for examination.
22.  On 23 March 2004 the military prosecutor's office of the UGA informed the second applicant that the examination of her complaint concerning her nephew's abduction had not established any involvement of Russian military servicemen in the crime. According to the letter, on an unspecified date the Argun town prosecutor's office had instituted an investigation into Isa Aytamirov's abduction under Article 126 § 2 of the Criminal Code (aggravated kidnapping) and the case file had been given number 42023.
23.  On 12 May 2004 the criminal search division of the Chechnya Ministry of the Interior informed the second applicant that on 20 February 2003 the Grozny district prosecutor's office (“the district prosecutor's office”) had instituted an investigation into the abduction of Isa Aytamirov and the criminal case file had been given number 42027. According to the letter, operational search measures aimed at establishing the whereabouts of Isa Aytamirov and the identities of the perpetrators were under way.
24.  On 8 June 2004 the district prosecutor's office wrote to the department of the interior of the Grozny district (the Grozny ROVD) requesting the attendance of the second applicant at the prosecutor's office on 14 July 2004.
25.  On 17 June 2004 the applicants' relative, Ms M.DzH., another aunt of the disappeared Isa Aytamirov, was granted the status of a victim in criminal case no. 42027. The decision stated, in particular, that at about 4 a.m. on 19 February 2003 a group of unidentified armed persons in camouflage uniforms, travelling in three APCs and two UAZ vehicles, had abducted Isa Aytamirov from 36 Gagarina Street, Novy Tsentoroy.
26.  On an unspecified date the district prosecutor's office summoned the second applicant for an unspecified investigative measure on 14 July 2004. It is unclear whether any investigative measures were carried out on that date.
27.  According to the seizure record of 15 July 2004, on that date investigator T. of the district prosecutor's office seized from the second applicant a medical certificate and two X-rays.
28.  On 30 July 2004 the UGA military prosecutor's office forwarded the second applicant's request for assistance in the search for her nephew to the military prosecutor's office of military unit no. 20102 for examination.
29.  On 20 September 2004 the military prosecutor's office of military unit no. 20102 informed the second applicant that the examination of her complaint had not established any implication of Russian servicemen in the abduction of Isa Aytamirov. The letter also stated that, in addition, the case file materials of criminal case no. 42027 did not contain any information suggesting the involvement of Russian servicemen in the abduction. The second applicant was advised to obtain further information about the criminal investigation from the district prosecutor's office.
30.  On 21 February 2005 the military commander of the Chechen republic forwarded the second applicant's complaint about her nephew's abduction to the Grozny district military commander's office. The letter instructed the district military commander's office to examine the complaint together with the Grozny ROVD and the local department of the Federal Security Service and to undertake unspecified measures to establish the whereabouts of Isa Aytamirov.
31.  On 17 May 2005 the applicants' representatives wrote to the district prosecutor's office describing in detail the circumstances of Isa Aytamirov's abduction by Russian servicemen. They pointed out that the investigation into Isa Aytamirov's abduction had been initiated more than two years ago and at the time of writing it had failed to produce any results. They also complained about the lack of information concerning the proceedings. The applicants' representatives requested, among other things, information on the following points: whether any special operations had been conducted between 19 and 21 February 2003 in the Grozny district; whether the area had been under curfew at the material time and whether there had been any Russian military checkpoints in the vicinity of Novy Tsentoroy village and if so, what military vehicles had been at their disposal; whether the authorities had examined the suggestion that Russian servicemen were involved in the abduction of the applicants' relative; and what investigative measures had been undertaken to that end.
32.  On 27 May 2005 the UGA military prosecutor's office informed the second applicant that the district prosecutor's office had instituted an investigation into the abduction of her nephew; that the criminal case file had been given number 42027; and that all information was to be obtained from the latter office.
33.  On 8 June 2005 the prosecutor's office of the Chechen Republic forwarded the second applicant's complaint about her nephew's abduction to the district prosecutor's office for examination. The latter was to inform her, as well as the republican prosecutor's office, about the results.
34.  On 9 June 2005 the district prosecutor's office replied to the applicants' representatives. The letter stated that the district prosecutor's office had instituted an investigation in criminal case no. 42027; that they had forwarded requests for information to a number of unspecified authorities and had questioned an unspecified number of witnesses; that they had undertaken operational and search measures to identify the perpetrators, but those measures had failed to produce any results. Lastly, the letter stated that the investigation in criminal case no. 42027 had been suspended on 10 August 2004 pursuant to Article 208 § 1 (1) of the Criminal Procedure Code, namely for failure to establish the identity of the perpetrators.
35.  On 15 June 2005 the district prosecutor's office informed the applicants' relative that on 20 February 2003 they had instituted a criminal investigation into the abduction of Isa Aytamirov and the case file had been given the number 42027. According to the letter, unspecified operational and search measures aimed at identifying the perpetrators were under way.
36.  On 22 September 2005 the applicants' representatives wrote to the district prosecutor's office. They stated that the authorities' response to their letter had failed to provide them with the requested information and complained of a lack of information about the investigation. They requested, among other things, that the investigation be conducted in an effective manner and that it be reopened if it had been suspended and asked for permission to have access to the documents in the criminal case file.
37.  On 27 December 2005 the district prosecutor's office informed the first applicant that on 10 August 2004 they had suspended the investigation in criminal case no. 42027 for failure to establish the identity of the perpetrators. The operational and search measures aimed at solving the crime were under way.
38.  On 29 December 2005 the applicants' representatives wrote to the district prosecutor's office, averring that the authorities' responses to their letters had failed to provide the requested information, and complained of a lack of access to the investigation. They asked for information concerning the status of the investigation and requested that the proceedings be resumed and conducted in an effective and thorough manner. Lastly, they asked for permission to make copies of the documents from the criminal case file. They forwarded a copy of that letter to the prosecutor's office of the Chechen Republic. It is unclear whether the applicants or their representatives received any response to this letter.
39.  On 8 July 2008 the Groznenskiy Interdistrict investigating department of the Investigating Department with the Prosecutor's office of the Chechen Republic (the investigating department) informed the applicants' relative that on an unspecified date it had resumed the investigation in the criminal case concerning the abduction of Isa Aytemirov.
40.  By a letter of 8 August 2008 the investigating department informed the applicants' relative that on an unspecified date the investigation in case no. 42027 had been suspended.
41.  On 25 August 2008 the investigating department wrote to the applicants' relative that on the same date they had resumed the investigation of the criminal case concerning the abduction of Isa Aytemirov.
42.  By a letter of 25 September 2008 the investigating department notified the second applicant that on the same date the investigation in case no. 42027 had been suspended for failure to identify the perpetrators.
43.  On 19 February 2003 the district prosecutor's office received Isa Aytamirov's relatives' complaint, saying that at about 4 a.m. on 19 February 2003 a group of armed men, who had arrived on three APCs and two UAZ vehicles, had abducted Isa Aytamirov from his relatives' house at 36 Gagarina Street, Novy Tsentoroy. Furthermore, the kidnappers had inflicted bodily injuries on the second applicant, as a result of which she had been admitted to hospital.
44.  On 20 February 2003 the district prosecutor's office opened criminal case no. 42027 into the abduction of Isa Aytamirov under Article 126 § 2 of the Criminal Code (aggravated abduction).
45.  M.Dzh., interviewed as a witness on 20 February 2003, stated that at about 4 a.m. on the previous day a group of seven to eight persons in camouflage uniforms had burst into the house where she had been staying together with her mother, two sisters and nephew Isa Aytamirov. The intruders were armed and were speaking Russian and Chechen. They had come to the room where Isa Aytamirov had been sleeping and had taken him, barefoot, outside. There were numerous other persons in camouflage uniforms in the yard. Isa Aytamirov had been put into one of the two APCs parked at the gate and the vehicles had taken off in the direction of Argun. She had not noticed their licence plate numbers. Later on, she had learnt that there had been another APC and two UAZ vehicles on the other side of the street; she did not know anything about their licence plates. When Isa Aytamiro had been put in the APC, the second applicant had rushed to it but had been pushed away; she had fallen down and broken her leg.
46.  On 25 February 2003 the district prosecutor's office requested the Grozny ROVD to take operational and search measures aimed at identifying witnesses to the kidnapping and its perpetrators. It also requested from unspecified bodies a description of Isa Aytamirov and information on any involvement on his part in criminal activities. From the replies received, it followed that the operational and search measures had not made it possible to identify the perpetrators.
47.  On 25 March 2003 the investigation requested the Chechen Department of the FSB to provide information whether Isa Aytamirov had ever been involved in illegal military groups. From that authority's reply of 1 April 2004 it followed that they did not have information in that respect.
48.  On 10 June 2004 the investigation requested the Ministry of the Interior to search for the perpetrators of Isa Aytamirov's kidnapping, establish his whereabouts and submit any incriminating material (компрометирующий материал) on him. From the Ministry's reply it followed that they had no incriminating material on him and that the Ministry's officers had been instructed to take the necessary steps to search for him.
49.  On the same date the investigation requested an unspecified authority to identify and interview the relatives and close acquaintances of Isa Aytamirov, as well as obtaining a character reference from unspecified authorities.According to an unspecified source of information, apparently received in reply to the request, Isa Aytamirov had a positive character reference from his place of residence.
50.  On 17 June 2004 the investigation granted M. Dzh. victim status in the proceedings in case no. 42027 and interviewed her. M. Dzh. stated that her mother, Isa Aytamirov and the second applicant had been living with her in the village of Novy Tsentoroy. At about 4 a.m. on 19 February 2003 a group of armed men had broken down the entrance door and had burst into her house. They had headed to the room where Isa Aytamirov had been sleeping, had taken him outside and driven him away. When he had been brought outside, there had been an APC there. The intruders had been speaking mostly Russian; only one of them had been speaking Chechen. Isa Aytamirov had been unemployed but had wanted to apply for a job in the Ministry of the Interior. He had mostly stayed at home.
51.  On the same date the investigation interviewed M.A. Dzh., Isa Aytamirov's great-uncle. He stated that he was M. Dzh.'s neighbour. In the morning on 19 February 2003 he had learnt that on the previous night a group of armed men had burst into her house and had kidnapped Isa Aytamirov. M.A.Dzh did not know the reason for his kidnapping. Isa Aytamirov had gone frequently to Grozny and had always been checked at the checkpoints on the way there, however, he had never had any problems.
52.  On unspecified dates the investigation requested all the district prosecutor's offices in the Chechen Republic to indicate to the local departments of the interior that they should search for Isa Aytamirov, find out whether he had been arrested during any special operation conducted by the military or law-enforcement authorities, whether he was being held in any detention centre and whether his body could be found among bodies which had not been identified.
53.  All replies to those questions from the above-mentioned authorities were in the negative.
54.  On 15 July 2004 the second applicant was interviewed as a witness. She stated that she lived with her mother and M. Dzh. and that Isa Aytamirov had been staying with them until his abduction on 19 February 2003. On that day at about 4 a.m. a group of armed men burst into their house, where her other sister was staying, as well as the people mentioned. The intruders had gone straight away to the room where Isa Aytamirov was, as if they had known where he was sleeping. They had woken him and taken him outside. After that one of the armed men had told her to fetch Isa Aytamirov's passport, which she had done. In the street she had seen three APCs and several UAZ vehicles. Isa Aytamirov had been put into one of the APCs. A minute or two later the intruders left. The second applicant had tried to climb on to an APC and had even managed to get on to it for a moment but one of the armed men had struck her on the right shoulder with a rifle butt and pushed her to the ground and she had lost consciousness. When she woke she was at home. She had pain in the right arm and her left leg was swollen and covered with blood. On the same morning she was admitted to Argun town hospital where they applied a splint to her injured leg. On the same day she had been taken to the military hospital. She wore the splint for two weeks. The second applicant had kept a medical certificate from the hospital and two X-rays.
55.  On 15 July 2004 the investigation seized the medical certificate and the X-rays from the second applicant.
56.  On 19 July 2004 the investigation ordered an expert medical examination of the second application. It appears that it was not carried out.
57.  On 9 July 2008 investigator K. ordered, yet again, the second applicant's to be examined with a view to establishing the origin of her injury, the date of its infliction and the level of damage to her health. He enclosed the two X-rays seized from the second applicant on 15 July 2004. it appears that he did not enclose the medical certificate seized from the second applicant.
58.  On 28 July 2008 the Forensic Medical Assessment Office of the Chechen Republic (“the forensic assessment office”) refused to comply with the request because the investigative department had failed to furnish the second applicant's medical record and that of her subsequent health problems, which had made it impossible to carry out the required examination.
59.  According to the Government, the investigation in case no. 42027 is pending.
60.  Despite specific requests by the Court the Government did not disclose most of the contents of criminal case no. 42027, providing only copies of the decision of 20 February 2003 to institute an investigation; the applicants' relatives' complaint of 19 February 2003 about the abduction of Isa Aytamirov; the record of interview of M. Dzh. of 20 February 2003; the decision to grant M. Dzh. victim status of 17 June 2004 and her interview record of the same date; the interview record of M.A. Dzh. of 17 June 2004; the interview record of the second applicant of 15 July 2004; the decision of 9 July 2008 ordering the second applicant's medical examination, and the reply from the forensic office of 28 July 2008.
61.  They submitted that the copies provided were the only documents which could be submitted to the Court “without damage to legally protected interests”, without providing any further details. Subsequently, they clarified that they could not furnish the documents because it might prejudice the interests of the State and also of the participants to the criminal proceedings. They referred to Article 161 of the Code of Criminal Procedure.